Skip to the record
Accept no imitations.

Original source · versioned page text

Approved Decision Notice - OPW26 0082 [As Published]

of 7

Page text shows just the words. Original shows the document exactly as it was published.

                                                             Officer:            Stacey Clohesy
                                                             Direct Telephone:   07 53296112
                                                             Our Reference:      OPW26/0082
                                                             Your Reference:     .

               24 September 2026


               EH Lourens & M Lourens
               C/- Brennan Planning Pty Ltd
               44 Maple St
               COOROY QLD 4563
               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 24 September 2026, Council decided to approve the
               application, subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              OPW26/0082

                   Street address:              400 Mckinnon Dr Cooroibah Qld 4565

                   Real property description:   Lot 4 RP 136445

                   Planning Scheme:             Noosa Plan 2020 (20 March 2026)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Operational Works - Clearing Vegetation under planning scheme
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.




               ABN 97.969.214.121                                                                        PO Box 141
               noosa.qld.gov.au                                                                   Tewantin QLD 4565
               [email protected]                                                                   07 5329 6500
                                                                                                             Page 1 of 7
Document Set ID: 25199610
Version: 2, Version Date: 24/09/2026
Log in to download the original file

Approved Decision Notice - OPW26 0082 [As Published].pdf · 155 KB (small file)

Full text of the other 6 pages

Page 2

               4.     ASSESSMENT MANAGER CONDITIONS

               APPROVED PLANS
                      Plans and Documents
               1.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are listed in the following table unless
                      otherwise amended by these conditions.

                           Plan No.            Rev.   Plan/Document Name                              Date

                           TRP062026           00     Tree Survey & Retention Plan [Cover page], 1 June 2026
                                                      prepared by Equilibrium Ecology

                           TRP062026           00     Tree Survey & Retention Plan [Page 1], 1 June 2026
                                                      prepared by Equilibrium Ecology

                           TRP062026           00     Tree Survey & Retention Plan [Page 2], 1 June 2026
                                                      prepared by Equilibrium Ecology

               2.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are listed in the following table unless
                      otherwise amended by these conditions.
               CURRENCY PERIOD
               3.     The Currency Period for this development approval lapses if the development has not
                      substantially started by 25 September 2028, unless an application to extend the currency
                      period is approved by Council.
               PRIOR TO THE COMMENCMENT OF WORKS
               4.     Prior to requesting a prestart meeting:
                      a.      Tree protection fencing must be installed under the supervision of the qualified person*.
                              (Refer to Retention of Existing Trees conditions).
                      b.      Pre-clearance surveys and habitat assessment required by this Decision Notice must
                              be undertaken (Refer to Fauna Management conditions).
               5.     A prestart meeting must be organised with Council’s delegate by calling 5329 6500 (giving
                      at least five business days’ notice). The prestart meeting must be attended by the responsible
                      persons for:
                      a. Arboreal (tree) works
                      b. Fauna management works
               DURING CONSTRUCTION
                      General
               6.     All works must be constructed and work procedure undertaken in accordance with:
                      a.      The approved plans/documents and conditions detailed in this Decision Notice.
                      b.      The relevant conditions of the higher order Reconfiguration of Lot approval viz.
                              RAL26/0016 to which this approval relates, except where in accordance with this
                              Decision Notice.
                      c.      All relevant Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines.
                      d.      The latest version of Water Sensitive Urban Design Technical Design Guidelines for
                              South East Queensland (Healthy Waterways) for all water quality devices to be
                              constructed on site.


                                                                                                          Page 2 of 7
Document Set ID: 25199610
Version: 2, Version Date: 24/09/2026

Page 3

               VEGETATION PROTECTION
                      Retention of Existing Trees and Vegetation
               7.     All trees and vegetation identified for retention must be protected in accordance with
                      AS 4970, Protection of trees on development sites.
               8.     A qualified person (*) must be engaged for the duration of the works to:
                      a.      Oversee installation of all tree protection fencing/measures prior to commencement of
                              any works onsite (including any clearing).
                      b.      Supervise tree protection within the development site and frontages, prior to, during
                              and following construction in accordance with AS4970, Protection of trees on
                              development sites.
                      c.      Oversee approved tree removal in proximity to retained trees.
                      *(Refer to Advisory Note)
                      Fauna Management
               9.     A qualified person* must be engaged to manage fauna prior and during clearing to:
                      a.      Ensure works are carried out in accordance with the Nature Conservation Act 1992.
                      b.      Undertake pre-clearing inspections including fauna relocation and removal or blocking
                              of all vacant hollows.
                      c.      Ensure clearing works avoids nesting times of animals and birds.
                      d.      Co-ordinate staging and sequence of clearing with fauna protection.
                      e.      Protect and recover fauna during clearing operations (fauna not previously removed).
                      f.      Manage the translocation of animals and recovery procedures where required in
                              accordance with relevant legislation.
                      *(Refer to Advisory Note)
                      Removal of Existing Trees and Vegetation
               10.    Vegetation removal, felling and lopping must:
                      a.      Retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
                      b.      Mulch all other wood and leaf material (without root balls, soil or debris and minimising
                              weed seeds) for re-usable mulch.
                      c.      Have mulch for re-use in landscape or rehabilitation stockpiled and aged for a minimum
                              of three months.
                      d.      Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation
                              between piles.
                      e.      Conclude with the area being stabilised against erosion, landscaped, rehabilitated and
                              revegetated.
                      *(Refer to Advisory Note)
               11.    Removal of existing trees and vegetation must be undertaken by a qualified person* and
                      must include:
                      a.      Stump grinding to below finished surface level.
                      b.      Rectification to the finished surface levels and materials.
                      c.      No damage to other vegetation for retention.
                      d.      Legal disposal of all removed vegetation and debris.
                      e.      Replacement planting is to be undertaken post-clearing as follows:



                                                                                                          Page 3 of 7
Document Set ID: 25199610
Version: 2, Version Date: 24/09/2026

Page 4

                              i.            replacement at a ratio of 6 replacement trees for each Eucalyptus
                                       racemosa tree removed outside of the building envelope.
                              ii.      Replacement species are to include Eucalyptus racemosa (Scribbly gum)
                                       species, or a suitable alternative koala food tree species approved by Council
                              iii.     Minimum size 140-200mm
                              iv.      Prior to planting submit to Council for endorsement a site plan nominating the
                                       location of the trees to be planted, with a minimum 2-5m separation distance.
                                       Trees are to be allocated within existing cleared areas, outside of the bushfire
                                       asset protection zone and clear of existing and approved infrastructure.
                      Land Rehabilitation
               12.    Rehabilitation (replacement planting) works must be supervised, undertaken and certified by
                      qualified persons*.
                      *(Refer to Advisory Notes)
               13.    The rehabilitation (replacement planting) maintenance period must be for 12 months after
                      installation and provision of certification.
               14.    The Rehabilitation supervisor or Property owner must:
                      a.      Organise formal inspection with Council’s delegate at the end of the 12-month
                              maintenance period.
                      b.      Submit to Council (with each inspection request) a brief Rehabilitation Status Report
                              (written and photographic), documenting:
                              i.       The condition of the replanting area, including photographs.
                              ii.      Detailing works undertaken in the previous year.
                              iii.     Measuring the works against the conditioned Performance Criteria.
               15.    Rehabilitation works must meet the following Performance Criteria for:
                      a.      Year One – 12 months after installation
                              i.       Planted trees have achieved an average height of 1m.
                      b.      The duration of the establishment and maintenance period:
                              i.       Replacement plantings must be established and maintained in accordance with
                                       this Decision Notice and the Noosa Plan 2020, Planning Scheme Policy 2 (PSP2)
                                       – Landscaping
                              ii.      Weed infestations less than 5% of the rehabilitation (replacement planting area)
                                       areas.
                              iii.     Any failed plants within the previous 12 month period have been replaced.
                              iv.      Healthy and vigorous growth allowed to grow to full form.
                              v.       Mulch layer sufficient to suppress weeds.
                      FOLLOWING WORKS
                      Bonds
               16.    Bonds must:
                      a.      Meet the requirements of the Noosa Council Planning Scheme Policy for performance
                              bonds (PSP4).
                      b.      Be lodged with Council and accompanied by the Bond Administration Fee/s.
                      c.      Be requested for release by writing to Council, when relevant approval requirements
                              have been met.



                                                                                                           Page 4 of 7
Document Set ID: 25199610
Version: 2, Version Date: 24/09/2026

Page 5

               17.    A Performance Bond of $2000 must be submitted to Council following clearing works to
                      ensure compliance with required rehabilitation replacement planting.
                      The bond will be refunded less any costs incurred by Council in ensuring compliance with
                      rehabilitation conditions or any additional inspections incurred for substandard work or work
                      undertaken not in accordance with this permit.
               5.     REFERENCE DOCUMENTS

                Plan No.                  Rev.    Plan/Document Name                                    Date

                25030-DET-02              4       Contour and Detail Survey, prepared by Macro 19 May 2026
                                                  Spatial Solutions

               6.     REFERRAL AGENCIES

               Not applicable.
               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
               ADVISORY NOTES
                      Prestart, On and Off Maintenance, Rehabilitation Inspections Request
               1.     Contact Council on 5329 6500 to arrange a prestart meeting or an inspection giving a
                      minimum of five business days’ notice of preferred inspection time.
                      Qualified Person
               2.     Qualified Person, for the purpose of:
                      a.      Undertaking rehabilitation planting and establishment works is considered to be a
                              person with five years current experience in revegetation and regeneration.
                      b.      Undertaking, supervising tree works and preparing arboriculture certification, is
                              considered to be a person with a minimum three years current experience in tree
                              protection, hazard identification/mitigation and Specifying Trees – a guide to
                              assessment of tree quality (NATSPEC) assessment and either:
                              i.       International Society of Arboriculture (ISA) certification; or
                              ii.      A Diploma of Arboriculture.
                      c.      Managing Fauna protection is considered to be an Ecologist or Environmental Scientist
                              with a minimum of three years current experience in the field of fauna assessment and
                              management.
                      Biosecurity Act 2014 – Fire Ant Control
               3.     Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
                      individuals and businesses are responsible for ensuring that they follow the movement
                      controls for specific organic materials to help prevent the spread of fire ants within South
                      East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
                      ant biosecurity zone may need a biosecurity instrument permit. More information is available
                      on https://www.fireants.org.au/treat/business-andindustry/movement-controls.
                      Performance Bond Agreement
               4.     An applicant for a development application may make an agreement with an assessment
                      manager, referral agency or other person to establish the responsibilities, or secure the
                      performance, of a party to the agreement about a development condition.




                                                                                                           Page 5 of 7
Document Set ID: 25199610
Version: 2, Version Date: 24/09/2026

Page 6

               8.     PROPERTY NOTES

               Not applicable.
               9.     VARIATION APPROVAL DETAILS

               Not applicable.
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

               Not applicable.
               11.    SUBMISSIONS

               Not applicable.
               12.    RIGHTS OF APPEAL

               You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
               Planning Act 2016 is attached.
               During the appeal period, you as the applicant may suspend your appeal period and make written
               representations to Council about the conditions contained within the development approval. If
               Council agrees or agrees in part with the representations, a negotiated decision notice will be
               issued. Only one negotiated decision notice may be given.
               13.    OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available online at
               www.noosa.qld.gov.au or at Council Offices.


               Yours faithfully,


               Stacey Clohesy
               Senior Environment Officer | Development Assessment
               Development & Regulation




               Enc:   Appeal Rights
                      Approved Plans/Documents




                                                                                                      Page 6 of 7
Document Set ID: 25199610
Version: 2, Version Date: 24/09/2026

Page 7

                                                                              Appeal Rights
                                                                              PLANNING ACT 2016 & PLANNING REGULATION 2017




               Chapter 6 Dispute resolution                                                   (3) The appellant or, for an appeal to a tribunal, the registrar must,
                                                                                                  within the service period, give a copy of the notice of appeal to –
               Part 1 Appeal rights
                                                                                                  (a) the respondent for the appeal; and
               229 Appeals to tribunal or P&E Court
                                                                                                  (b) each co-respondent for the appeal; and
               (1) Schedule 1 of the Planning Act 2016 states –
                                                                                                  (c) for an appeal about a development application under schedule
                   (a) Matters that may be appealed to –
                                                                                                      1, table 1, item 1 – each principal submitter for the
                         (i)   either a tribunal or the P&E Court; or                                 development application; and
                         (ii) only a tribunal; or                                                 (d) for and appeal about a change application under schedule 1,
                                                                                                      table 1, item 2 – each principal submitter for the change
                         (iii) only the P&E Court; and
                                                                                                      application; and
                   (b) The person-
                                                                                                  (e) each person who may elect to become a co-respondent for the
                         (i)   who may appeal a matter (the appellant); and                           appeal, other than an eligible submitter who is not a principal
                                                                                                      submitter in an appeal under paragraph (c) or (d); and
                         (ii) who is a respondent in an appeal of the matter; and
                                                                                                  (f)   for an appeal to the P&E Court – the chief executive; and
                         (iii) who is a co-respondent in an appeal of the matter; and
                                                                                                  (g) for an appeal to a tribunal under another Act – any other
                         (iv) who may elect to be a co-respondent in an appeal of the
                                                                                                      person who the registrar considers appropriate.
                              matter.
                                                                                              (4) The service period is –
               (2) An appellant may start an appeal within the appeal period.
                                                                                                  (a) if a submitter or advice agency started the appeal in the P&E
               (3) The appeal period is –
                                                                                                      Court – 2 business days after the appeal has started; or
                   (a) for an appeal by a building advisory agency – 10 business
                                                                                                  (b) otherwise – 10 business days after the appeal is started.
                       days after a decision notice for the decision is given to the
                       agency; or                                                             (5) A notice of appeal given to a person who may elect to be a co-
                                                                                                  respondent must state the effect of subsection (6).
                   (b) for an appeal against a deemed refusal – at any time after the
                       deemed refusal happens; or                                             (6) A person elects to be a co-respondent by filing a notice of election,
                                                                                                  in the approved form, within 10 business days after the notice of
                   (c) for an appeal against a decision of the Minister, under chapter
                                                                                                  appeal is given to the person.
                       7, part 4, to register premises or to renew the registration of
                       premises – 20 business days after a notice us published under          231 Other appeals
                       section 269(3)(a) or (4); or
                                                                                              (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                   (d) for an appeal against an infrastructure charges notice – 20                the Supreme Court decides a decision or other matter under this
                       business days after the infrastructure charges notice is given             Act is affected by jurisdictional error, the decision or matter is non-
                       to the person; or                                                          appealable.
                   (e) for an appeal about a deemed approval of a development                 (2) The Judicial Review Act 1991, part 5 applies to the decision or
                       application for which a decision notice has not been given –               matter to the extent it is affected by jurisdictional error.
                       30 business days after the applicant gives the deemed
                                                                                              (3) A person who, but for subsection (1) could have made an
                       approval notice to the assessment manager; or
                                                                                                  application under the Judicial Review Act 1991 in relation to the
                   (f)   for any other appeal – 20 business days after a notice of the            decision or matter, may apply under part 4 of that Act for a
                         decision for the matter, including an enforcement notice, is             statement of reasons in relation to the decision or matter.
                         given to the person.
                                                                                              (4) In this section –
               Note –                                                                             decision includes-
                   See the P&E Court Act for the court’s power to extend the appeal
                                                                                                  (a) conduct engaged in for the purpose of making a decision; and
                   period.
                                                                                                  (b) other conduct that relates to the making of a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard
                   in the appeal.                                                                 (c) the making of a decision or failure to make a decision; and
               (5) If an appeal is only about a referral agency’s response, the                   (d) a purported decision; and
                   assessment manager may apply to the tribunal or P&E Court to
                                                                                                  (e) a deemed refusal.
                   withdraw from the appeal.
                                                                                                  non-appealable, for a decision or matter, means the decision or
               (6) To remove any doubt. It is declared that an appeal against an
                                                                                                  matter-
                   infrastructure charges notice must not be about-
                                                                                                  (a) is final and conclusive; and
                   (a) the adopted charge itself; or
                                                                                                  (b) may not be challenged, appealed against, reviewed, quashed,
                   (b) for a decision about an offset or refund-
                                                                                                      set aside or called into question in any other way under the
                         (i)   the establishment cost of trunk infrastructure identified in           Judicial Review Act 1991 or otherwise, whether by the
                               a LGIP; or                                                             Supreme Court, another court, a tribunal or another entity; and
                         (ii) the cost of infrastructure decided using the method                 (c) is not subject to any declaratory, injunctive or other order of
                              included in the local government’s charges resolution.                  the Supreme Court, another court, a tribunal or another entity
                                                                                                      on any ground.
               230 Notice of appeal
                                                                                              232 Rules of the P&E Court
               (1) An appellant starts an appeal by lodging, with the registrar of the
                   tribunal or P&E Court, a notice of appeal that-                            (1) A person who is appealing to the P&E Court must comply with the
                                                                                                  rules of the court that apply to the appeal.
                   (a) is in the approved form; and
                   (b) succinctly states the grounds of the appeal.                           (2) However, the P&E Court may hear and decide an appeal even if
                                                                                                  the person has not complied with the rules of the P&E Court
               (2) The notice of appeal must be accompanied by the required fee.




                                                                                                                                                    Page 7 of 7
Document Set ID: 25199610
Version: 2, Version Date: 24/09/2026

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.